EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 435
Issued by the Authority of the Minister for Science and Technology
The purpose of the amendments is to vary certain procedures prescribed by the Patents Regulations for handling international patent applications made under the provisions of the Patent Cooperation Treaty (PCT), with effect from 1 January 1985. These amendments reflect changes to the PCT and Regulations under the PCT made by the Assembly of the PCT Union in 1984 to come into operation on 1 January 1985. Two minor technical amendments to the Patents Regulations are also being made. Details of the proposed amendments are set out below.
Regulation 1 sets a date of commencement of 1 January 1985.
Regulation 2 amends sub-regulation 5(5A) and 5(7) to correct certain references to items of Part I of the Second Schedule.
Regulation 3 amends regulation 5A by increasing the time for lodgment of documents referred to in sub-section 143(3) or 143(4) of the Patents Act, without the payment of a fee, from 29 to 34 months.
Regulation 4 amends regulation 15A by increasing the time specified in paragraph (1)(a) from 26 to 31 months.
Regulation 5 inserts a new regulation 19KA which varies the operation of section 47D of the Act by increasing the time for which the Commissioner may extend the time for payment of a continuation fee from 6 to 9 months.
Regulation 6 amends regulation 19M by increasing the time in which certain documents may be lodged under section 143 of the Act from 26 to 31 months.
Regulation 7 inserts a new regulation 19MA which varies the operation of sub-section 160(1) of the Patents Act in relation to international applications. This has the effect of empowering the Commissioner to extend the time for an applicant to do an act or take a step which has not been done or taken by reason of an error or omission on the part of an officer or person employed in the receiving Office or International Bureau, both of which handle international applications made under the provisions of the PCT.
Regulation 8 replaces the present Part III of the Second Schedule to the Regulations with a new set of fees payable for the benefit of the International Bureau in accordance with amendments made by the Assembly.
Regulation 9 amends clause 5 of Part II of the Third Schedule to the Regulations by altering the margin widths required for patent specifications.
In order to observe our obligations as a member nation of the PCT Union, Australian patent legislation is required to contain no more onerous provisions in relation to international applications than those which are contained in the Treaty.
Amendments made to Article 39(1)(a) of the Treaty by the Assembly of the PCT Union in January 1984, and changes to the fee scales which the Assembly adopted in September 1984, become effective from 1 January 1985. Hence, the Patents Regulations and Schedules require amendment to reflect these changes.
Overview
The Statutory Rules 1984 No. 435, issued by the authority of the Minister for Science and Technology, amend the Patents Regulations 1977 to bring Australian patent legislation in line with changes to the Patent Cooperation Treaty (PCT) adopted by the Assembly of the PCT Union in 1984. These amendments were necessary to ensure that Australian law did not impose more stringent requirements on international patent applications than those stipulated in the Treaty. The changes reflect updates to the PCT and the Regulations under the PCT, which came into effect on 1 January 1985, including minor technical amendments and adjustments to time frames and fees to accommodate the revised standards set forth by the PCT Union. This legislative update aims to maintain Australia's compliance with international obligations and facilitate smoother processing of international patent applications.
Scope and Application
The statutory rules 1984 No. 435, issued under the authority of the Minister for Science and Technology, provide amendments to the Patents Regulations to align with the changes made by the Assembly of the Patent Cooperation Treaty (PCT) Union in 1984. These amendments aim to modify certain procedures for handling international patent applications under the PCT, reflecting the updated requirements and fee scales that came into effect on 1 January 1985. The changes apply to persons and entities involved in the filing and processing of international patent applications within Australia, ensuring that Australian legislation remains consistent with international standards. The regulations specifically address the timing of document submissions and fee payments, extending the permissible periods for these actions in line with the revised PCT provisions. The amendments do not introduce any new exclusions or exemptions beyond those already stipulated in the Patents Act and the PCT. Subordinate instruments may further extend or restrict the application of these regulations as necessary to accommodate any future changes in the PCT or Australian patent law.
Key Provisions
The Statutory Rules 1984 No. 435 introduce several amendments to the Patents Regulations to align with changes in the Patent Cooperation Treaty (PCT) and its associated regulations, effective from 1 January 1985. Regulation 2 corrects references in sub-regulations 5(5A) and 5(7) to ensure they accurately reflect items in Part I of the Second Schedule. Regulation 3 extends the time for lodgment of specific documents without a fee from 29 to 34 months, as outlined in sub-section 143(3) or 143(4) of the Patents Act. Regulation 4 increases the time limit specified in paragraph (1)(a) of regulation 15A from 26 to 31 months. Regulation 5 introduces a new regulation 19KA, which allows the Commissioner to extend the time for payment of a continuation fee from 6 to 9 months under section 47D of the Act. Regulation 6 extends the lodgment period for certain documents under section 143 of the Act from 26 to 31 months. Regulation 7 introduces a new regulation 19MA, empowering the Commissioner to extend the time for applicants to perform acts or steps missed due to errors or omissions by the receiving Office or International Bureau. Regulation 8 replaces the current Part III of the Second Schedule with new fees for the International Bureau, in line with Assembly amendments. Regulation 9 modifies the margin widths required for patent specifications in clause 5 of Part II of the Third Schedule.
These amendments impose various obligations on parties and entities governed by the Act. For example, applicants must now adhere to the extended timelines for lodging documents and paying fees, ensuring compliance with the updated regulations. The Commissioner's role is also expanded, allowing for additional extensions and corrections in specific circumstances. Additionally, the changes necessitate that Australian legislation not impose more stringent requirements on international applications than those set by the PCT.
The Statutory Rules do not explicitly outline specific offences, penalties, or consequences for breach in the provided text. However, non-compliance with the amended regulations could potentially lead to administrative or procedural issues, such as the denial of patent applications or delays in processing. The severity of such consequences would typically depend on the specific nature of the breach and the discretion of the Commissioner in enforcing the regulations.